Dickert Electronic GmbH - Fünfhausen 1 - D-35091 Cölbe-Schönstadt
Valid as of 1 May 2010
1. General Information
1.1 The following General Terms and Conditions of Business shall apply to all contracts established between Dickert Electronic GmbH and the Customer.
1.2 Customers of Dickert Electronic GmbH must be entrepreneurs. "Entrepreneur" shall refer to a natural or legal person or a partnership with legal capacity that exercises its commercial or independent professional activity when entering into a legal transaction.
1.3 Dickert Electronic GmbH makes electronic goods, in particular, available for purchase. It is principally engaged in developing, manufacturing and selling remote control units (via radio, infrared, induction and conduction) and controllers. In addition, customer-specific special developments are also undertaken.
2. Contract Formation
2.1 The article displays at http://www.dickert.net shall serve only as product presentations; no contract formation shall be possible via the website of Dickert Electronic GmbH.
2.2 For further product information (particularly on pricing) and for the purposes of contract formation, customers may use the specified contact details to contact Dickert Electronic GmbH.
2.3 By placing an order for articles, be it in writing, via electronic media or via fax, the Customer shall submit an offer to enter into a purchase agreement in respect of these articles. Any notification by Dickert Electronic GmbH to the effect that it has received the offer shall not constitute acceptance of that offer; rather, this notification shall serve merely to inform the Customer that Dickert Electronic GmbH has received the offer.
2.4 Dickert Electronic GmbH shall reserve the right to accept the Customer's offer to enter into a purchase agreement within a period of five days by means of an express order confirmation regarding the ordered articles.
2.5 Dickert Electronic GmbH shall accept no procurement risk and shall reserve the right to release itself from the obligation to fulfil the contract in the event that our suppliers make incorrect or improper delivery of materials to us. This shall not affect the responsibility of Dickert Electronic GmbH for wilful intent or negligence in accordance with the liability provisions set out in Clause 10 of these General Terms and Conditions of Business. If a particular service is unavailable or only partially available, Dickert Electronic GmbH shall inform the Customer without delay; in the event of rescission, any consideration shall be refunded to the customer without delay.
3.1 All prices quoted by Dickert Electronic GmbH shall be net prices. In Germany, value added tax of 19% shall be charged additionally; cross-border deliveries may incur additional taxes in individual cases (e.g. in the event of an intra-Community acquisition) and / or charges (e.g. customs duties), which shall then be payable by the Customer.
4. Terms of Payment
4.1 Only the following payment options shall be available to the Customer: bank transfer, payment by cheque and cash payment in the event of agreed customer collection.
4.2 All amounts shall be payable no later than within 30 days of receipt of the payment request. If the Customer pays within 14 days of receiving the payment request, he shall be granted a 2% discount. The date on which the amount is credited to Dickert Electronic GmbH shall determine whether payment is timely. If customer collection has been agreed, payment shall be made on the agreed collection date. If one of the aforementioned deadlines expires to no avail, the Customer shall be deemed to be in default of payment without further explanation.
4.3 In the event of default of payment, the Customer shall incur default interest amounting to 8 percentage points above the corresponding base rate. Dickert Electronic GmbH shall, however, be at liberty to assert a claim for for higher default damages that have been incurred.
5. Terms of Delivery and Dispatch; Transfer of Risk
5.1 Unless customer collection has been agreed, the articles shall be delivered by dispatch.
5.2 Dispatch of the goods shall incur additional costs, which must be borne by the Customer. The delivery and dispatch costs arising and to be borne by the Customer shall therefore not be included in the purchase price; the level of such costs shall be based on the corresponding goods in respect of which a contract between Dickert Electronic GmbH and the Customer has been established.
5.3 In the case of sale by dispatch, the risk of accidental destruction and accidental deterioration of the goods shall pass to the Customer as soon as the consignment has been handed over to the person responsible for performing carriage. In respect of risk-bearing, where the Customer defaults on acceptance, delivery shall be deemed to have taken place.
5.4 The Customer shall, in the event of dispatch, confirm that he has specified the correct and complete delivery address when placing his order. If additional costs - for example, re-charged dispatch costs - are incurred during shipment owing to erroneous or incomplete address details provided by the Customer, the Customer shall bear such costs.
6. Right of Retention
6.1 The Customer may assert a right of retention only if his counterclaim is based on the same contractual relationship.
7. Retention of Title
7.1 Dickert Electronic GmbH shall retain title to the goods until such time as all claims that Dickert Electronic GmbH rightfully has against the Customer arising from the business relationship have been met.
7.2 During the retention of title, the Customer shall be obliged to treat the goods subject to retention of title with care, to inform Dickert Electronic GmbH without delay of any attachment by third parties – e.g. in the event of a seizure – and any damage to the goods or destruction thereof and to make available any and all information and documents required for protecting the rights of Dickert Electronic GmbH - enforcement officers/ third parties shall be made aware that the goods are the property of others -, and to provide immediate notification of any change in possession of the goods and any change to the Customer's own residence.
7.3 If the Customer behaves in a manner that breaches the contract, particularly if he violates an obligation under Clause 7.2 of these General Terms and Conditions of Business, Dickert Electronic GmbH shall be entitled to rescind the contract and to demand surrender of the goods subject to retention of title.
8. Communication of Transport Damage
8.1 If dispatch of the goods has been agreed, the Customer shall support Dickert Electronic GmbH to the best of his ability in the event of transport damage, where claims are asserted against the relevant transport company or transport insurance company.
8.2 The Customer shall inspect the delivered goods. If there is externally identifiable transport damage, the customer shall, in the event that delivery is nevertheless accepted, undertake to note the damage on the corresponding shipping documents when accepting the delivery and to have them acknowledged by the deliverer; the packaging shall be retained.
8.3 If the (partial) loss or the damage is not externally identifiable, the Customer shall report any such loss or damage to Dickert Electronic GmbH within five days of delivery or to the transport company within seven days of delivery in order to ensure that any claims against the transport company can be made in a timely manner.
8.4 Any rights and claims of the Customer, particularly those relating to defects in quality, shall remain unaffected by the provisions of Clauses 8.1 and 8.2 of these General Terms and Conditions of Business. They shall not therefore contain any term of preclusion for Customer rights as set out in Clause 9 of these General Terms and Conditions of Business.
9. Warranty Conditions
9.1 Damage caused by the Customer's improper use or treatment of the article shall not be covered by the warranty.
9.2 The Customer must report obvious defects in the goods to Dickert Electronic GmbH within 14 days of receipt of the goods; if he fails to do so, warranty claims shall be excluded. Any notification of defects shall be provided in written or electronic form, i.e. it shall be directed to Dickert Electronic GmbH by letter, fax or e-mail. The deadline shall be deemed to have been met if the notification of defects is dispatched in a timely manner. If a Customer is entitled to warranty claims against Dickert Electronic GmbH, subsequent performance may, at Dickert Electronic GmbH's option, take the form of elimination of the defect or delivery of new articles. If the subsequent performance has failed, a Customer may, at its option in accordance with the statutory provisions, demand a reduction in purchase price (reduction), declare its intention to rescind the contract, or demand damages or reimbursement of nugatory expenditure. If he demands damages, the liability of Dickert Electronic GmbH shall be assessed in accordance with Clause 10 of these General Terms and Conditions of Business.
9.3 The limitation period for the rights of a Customer in the case of defects to a new article shall be two years. If a used article is purchased by a Customer, no warranty claims shall apply; this shall also apply to any defects that have arisen after contract formation, but prior to risk transfer. The limitation period shall begin, in each case, when the articles are delivered to the Customer.
9.4 The recourse claims of entrepreneurs specified in sections 478, 479 of the Bürgerliches Gesetzbuch (German Civil Code - BGB) shall remain unaffected by the provisions of Clauses 9.1 to 9.3 of these General Terms and Conditions of Business.
9.5 The aforementioned reductions in the limitation period and limitations of liability shall not apply if and to the extent that Dickert Electronic GmbH is liable in accordance with Clause 10 of these General Terms and Conditions of Business or a third party's right in rem, on the basis of which the surrender of the article may be demanded, is at stake.
10. Liability Provisions
10.1 Dickert Electronic GmbH shall be fully liable, in accordance with the statutory provisions, for damage arising from injury to life, limb or health that is due to a wilful or negligent breach of duty and for other damage that is due to a wilful or grossly negligent breach of duty and malice. Over and above this, Dickert Electronic GmbH shall be fully liable for damage that is covered by liability under mandatory statutory regulations, such as the Produkthaftungsgesetz (German Product Liability Act), and in the event of assumption of warranties.
10.2 Dickert Electronic GmbH shall be liable for such damage as is not covered by Clause 10.1 and is caused by ordinary or slight negligence, providing such negligence relates to the breach of contractual obligations whose fulfilment is essential to the proper execution of the contract and on whose observance the customer may routinely rely (so-called material contractual obligations). The liability of Dickert Electronic GmbH in such cases shall, however, be limited to damage that is usually foreseeable at the time the contract is entered into.
10.3 Any further liability shall be excluded.
11. Final Provisions
11.1 Applicable law shall be the law of the Federal Republic of Germany.
11.2 The Provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not be applicable.
11.3 If the Customer is a merchant, a legal entity under public law or a public-law Special Fund, the place of performance and legal venue for all disputes arising from this contractual relationship shall be the business domicile of Dickert Electronic GmbH. The sole legal venue for all disputes arising from this contract shall be the business domicile of Dickert Electronic GmbH if the Customer is an entrepreneur and does not have a general legal venue in Germany or in the event that his ordinary residence is not known at the time proceedings are instituted. This shall not affect Dickert Electronic GmbH's authority to bring an action at another legal venue.
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